BEHIND BARS

Let those dopers be

A former police chief wants to end a losing war by legalizing pot, coke, meth and other drugs

October 16, 2005|Norm Stamper | Norm Stamper is the former chief of the Seattle Police Department. He is the author of "Breaking Rank: A Top Cop's Expose of the Dark Side of American Policing" (Nation Books, 2005).

SOMETIMES PEOPLE in law enforcement will hear it whispered that I'm a former cop who favors decriminalization of marijuana laws, and they'll approach me the way they might a traitor or snitch. So let me set the record straight.

Yes, I was a cop for 34 years, the last six of which I spent as chief of Seattle's police department.

But no, I don't favor decriminalization. I favor legalization, and not just of pot but of all drugs, including heroin, cocaine, meth, psychotropics, mushrooms and LSD.

Decriminalization, as my colleagues in the drug reform movement hasten to inform me, takes the crime out of using drugs but continues to classify possession and use as a public offense, punishable by fines.

I've never understood why adults shouldn't enjoy the same right to use verboten drugs as they have to suck on a Marlboro or knock back a scotch and water.

Prohibition of alcohol fell flat on its face. The prohibition of other drugs rests on an equally wobbly foundation. Not until we choose to frame responsible drug use -- not an oxymoron in my dictionary -- as a civil liberty will we be able to recognize the abuse of drugs, including alcohol, for what it is: a medical, not a criminal, matter.

As a cop, I bore witness to the multiple lunacies of the "war on drugs." Lasting far longer than any other of our national conflicts, the drug war has been prosecuted with equal vigor by Republican and Democratic administrations, with one president after another -- Nixon, Ford, Carter, Reagan, Bush, Clinton, Bush -- delivering sanctimonious sermons, squandering vast sums of taxpayer money and cheerleading law enforcers from the safety of the sidelines.

It's not a stretch to conclude that our draconian approach to drug use is the most injurious domestic policy since slavery. Want to cut back on prison overcrowding and save a bundle on the construction of new facilities? Open the doors, let the nonviolent drug offenders go. The huge increases in federal and state prison populations during the 1980s and '90s (from 139 per 100,000 residents in 1980 to 482 per 100,000 in 2003) were mainly for drug convictions. In 1980, 580,900 Americans were arrested on drug charges. By 2003, that figure had ballooned to 1,678,200. We're making more arrests for drug offenses than for murder, manslaughter, forcible rape and aggravated assault combined. Feel safer?

I've witnessed the devastating effects of open-air drug markets in residential neighborhoods: children recruited as runners, mules and lookouts; drug dealers and innocent citizens shot dead in firefights between rival traffickers bent on protecting or expanding their markets; dedicated narcotics officers tortured and killed in the line of duty; prisons filled with nonviolent drug offenders; and drug-related foreign policies that foster political instability, wreak health and environmental disasters, and make life even tougher for indigenous subsistence farmers in places such as Latin America and Afghanistan. All because we like our drugs -- and can't have them without breaking the law.

Although small in numbers of offenders, there isn't a major police force -- the Los Angeles Police Department included -- that has escaped the problem: cops, sworn to uphold the law, seizing and converting drugs to their own use, planting dope on suspects, robbing and extorting pushers, taking up dealing themselves, intimidating or murdering witnesses.

In declaring a war on drugs, we've declared war on our fellow citizens. War requires "hostiles" -- enemies we can demonize, fear and loathe. This unfortunate categorization of millions of our citizens justifies treating them as dope fiends, evil-doers, less than human. That grants political license to ban the exchange or purchase of clean needles or to withhold methadone from heroin addicts motivated to kick the addiction.

President Bush has even said no to medical marijuana. Why would he want to "coddle" the enemy? Even if the enemy is a suffering AIDS or cancer patient for whom marijuana promises palliative, if not therapeutic, powers.

As a nation, we're long overdue for a soul-searching, coldly analytical look at both the "drug scene" and the drug war. Such candor would reveal the futility of our current policies, exposing the embarrassingly meager return on our massive enforcement investment (about $69 billion a year, according to Jack Cole, founder and executive director of Law Enforcement Against Prohibition).

How would "regulated legalization" work? It would: 1) Permit private companies to compete for licenses to cultivate, harvest, manufacture, package and peddle drugs.

2) Create a new federal regulatory agency (with no apologies to libertarians or paleo-conservatives).